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HomeMy WebLinkAboutBZA Resolution 2023-007, 25.-6-7 TOWN OF U LYSSES BOARD OF ZONING APPEALS Board of Zoning Appeals Resolution No. 2023-007 A Resolution for an Area Variance for the Jacksonville Community Park Located at 3037 Swamp College Road,Town of Ulysses, Tax Parcel 25.-6-7 Whereas, a request for an variance was submitted to the Board of Zoning Appeals (BZA) by Pete Angie, on behalf of the owner, Jacksonville Community Association, Inc., for property located at 3037 Swamp College Road (tax map # 25.-6-7), and which is approximately 10.5 acres in size, zoned P/R: Park/Recreation; and Whereas, the request includes an area variance which is related to a special permit and site plan application with the Planning Board to construct improvements to Jacksonville Community Park as shown on the site plan dated August 3, 2023; and Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-115.A, to decrease the 100 foot minimum stream and wetland buffer for an existing ADA compliant restroom; and Whereas, the action required 239 review, and Tompkins County determined in their comment letter dated July 24, 2023, that the proposal will have a significant county-wide or inter- community impact, and recommended modifications and comments for the Board to consider; and Whereas, the BZA did conduct a meeting on July 19, 2023 and discussed the proposed variance requests; and Whereas, notice of the public hearing was published in the Ithaca Journal on August 9, 2023, was posted on the Town's Public Legal Notice Board, was posted on the Town's webpage, and was mailed to property owners within a 500-foot radius of the subject property; and Whereas, the BZA did conduct a public hearing on August 16, 2023 were it reviewed a site plan entitled "Site Plan Drawing No Z1.01", prepared by CDN dated August 3, 2023 and other application materials; and Whereas, by considering the criteria listed in the Consolidated Laws of New York Chapter 62, Article 16, Section 267-13.3.1b, the BZA reviewed the record and weighed the benefits to the applicant against the detriment to the health, safety and welfare of the neighborhood if the variances were granted; and Board of Zoning Appeals Resolution No. 2023-007 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. 2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than area variances. 3. Whether the requested area variance is substantial. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS, Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the following: 1. The benefit to the applicant in the granting of the area variance to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom will outweigh the detriment to the health, safety and welfare of the neighborhood. 2. The granting of the area variance to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom will not create an undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. 3. The benefit sought by the applicant to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The expensive of making this comply with code will be prohibitive. 4. The requested area variance to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom is substantial. 5. The proposed area variance to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 6. The alleged difficulty to decrease the 100 foot minimum stream and wetland buffer to 70 feet for an existing ADA compliant restroom is self-created. For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the area variance to decrease the stream and wetland buffer from 100 feet to 70 feet for Board of Zoning Appeals Resolution No. 2023-007 Page 2 of 3 an existing ADA compliant restroom for the proposed improvements to Jacksonville Community Park located at 3037 Swamp College Road, subject to the following condition: Condition of Approval 1. The proposal shall utilize lower-level LED lighting, and all outdoor LED lighting shall not be higher than 2700 CCT. Board of Zoning Appeals Chair Date Ayes: Tyler, Hillman, Butler, Howarth, Morreale Nays: Absent: Thompson Abstain: Board of Zoning Appeals Resolution No. 2023-007 Page 3 of 3